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A Regular Meeting of the Lakewood Liquor and Fermented Malt Beverage Licensing Authority was held on this date in the City Council Chambers.
ITEM 1. CALL TO ORDER
Chairwoman Hansson called the meeting to order at 7:00 p.m.
ITEM 2. ROLL CALL Kristina Hansson - Presiding
John Danahey
Michael O'Neill
Albert Williams
Stanley Wisneski
Mark Wolfe
Absent: Larry Muniz
Also present: Paul Kennebeck, Deputy City Attorney
Full and timely notice of this meeting had been given and a quorum was present.
ITEM 3 - SHOW CAUSE HEARING
Tavern License
Greenfields Sports Bar, Inc.
d/b/a Greenfields Pool and Sports Bar
3355 S. Yarrow
Mr. Kennebeck stated he spoke with the owner. Mr. Kennebeck stated this is a first offense and the offense is "Sale to a Minor." The owner is willing to admit to the violation and will request to pay a fine in lieu of the imposed standard sanctions.
Todd Grosvenor, 7690 W. Meadow Dr., Littleton, CO 80127, the owner of Greenfields Sports Bar, Inc., was sworn in.
Mr. Wolfe made a motion to approve the stipulation between the Deputy City Attorney and Greenfields Sports Bar, Inc., d/b/a Greenfields Pool and Sports Bar. The motion was seconded. Vote: 7 Ayes 0 nays. THE MOTION CARRIED.
Mr. Grosvenor stated that he has been in business for eight years and explained there was a new employee who had not yet gone through the liquor training. He stated the new employee's specific job was to I.D. people at the door and he did not I.D. the people at the door. Mr. Grosvenor stated that was the doorman's only job and he fired the doorman immediately after the incident occurred.
There was a question and answer period between the Liquor Licensing Authority and Mr. Grosvenor.
Mr. Muniz made a motion that the following penalty be imposed upon Greenfields Sports Bar, Inc., d/b/a Greenfields Pool and Sports Bar, a suspension of ten days be imposed and that five of the days be held in abeyance for a period of one year, commencing on January 13, 2006, and if there are no violations of the Colorado and Lakewood codes during the next year, the period held in abeyance will be dismissed. In the event a violation does occur within one year from January 13, 2006, regardless of when the hearing on such violation should be held, the time held in abeyance be imposed after such hearing in addition to any other penalty. The balance of the suspension will begin at 7:00 a.m., January 13, 2006 and end on January 18, 2006 at 7:00 a.m. The motion was seconded. Vote 7 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Grosvenor stated he would like to pay a fine in lieu of the suspension.
Mr. Wolfe made a motion that Greenfields Sports Bar, Inc., d/b/a Greenfields Pool and Sports Bar be permitted to pay a fine in lieu of five days actual suspension imposed. The motion was seconded. Vote: 7 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 4 - SHOW CAUSE HEARING
Tavern License
Guido's Nickel, Inc.
d/b/a Guido's Nickel Bar
9500 W. Colfax Ave.
Mr. Kennebeck stated he spoke with the owner. Mr. Kennebeck stated this is a first offense and the offense is "Sale to a Minor." The owner is willing to admit to the violation and will request to pay a fine in lieu of the imposed standard sanctions.
Bernice Winchip, 913 Newcombe St., Lakewood, CO 80215, the owner of Guido's Nickel Bar, was sworn in.
Mr. Muniz made a motion to approve the stipulation between the Deputy City
Attorney and Guido's Nickel, Inc., d/b/a Guido's Nickel Bar. The motion was
seconded.
Vote: 7 Aye 0 Nays. THE MOTION CARRIED.
Ms. Bernice Winchip stated her bartender made a mistake. Ms. Winchip stated the bartender, as well as all of her employees, have been to the Lakewood Awareness Seminar. Ms. Winchip stated she believes the bartender will never do it again.
There was a question and answer period between the Liquor Licensing Authority and Ms. Winship.
Mr. Wisneski made a motion that the following penalty be imposed upon Guido's Nickel, Inc., d/b/a Guido's Nickel Bar, a suspension of ten days be imposed and that five of the days be held in abeyance for a period of one year, commencing on January 13, 2006, and if there are no violations of the Colorado and Lakewood codes during the next year, the period held in abeyance will be dismissed. In the event a violation does occur within one year from January 13, 2006, regardless of when the hearing on such violation should be held, the time held in abeyance be imposed after such hearing in addition to any other penalty. The balance of the suspension will begin at 7:00 a.m., January 13, 2006 and end on January 18, 2006 at 7:00 a.m. The motion was seconded. Vote 7 Ayes 0 Nays. THE MOTION CARRIED.
Ms. Winchip stated she wanted to pay a fine in lieu of suspension.
Mr. Muniz made a motion that Guido's Nickel, Inc., d/b/a Guido's Nickel Bar
be permitted to pay a fine in lieu of five days actual suspension imposed. The
motion was seconded. Vote: 7 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 5 - SHOW CAUSE HEARING
3.2% Off Premises License
ALBH, Inc.
d/b/a Liberty Gas & Convenience
1490 S. Wadsworth Blvd.
Mr. Kennebeck stated he spoke with the owner. Mr. Kennebeck stated this is a first offense and the offense is "Sale to a Minor." The owner is willing to admit to the violation and will request to pay a fine in lieu of the imposed standard sanctions.
Al Bandari, 5873 Jaguar Way, Littleton, CO 80124, the owner of Liberty Gas & Convenience, was sworn in.
Mr. Muniz made a motion to approve the stipulation between the Deputy City
Attorney and ALBH, Inc., d/b/a Liberty Gas & Convenience. The motion was
seconded.
Vote: 7 Aye 0 Nays. THE MOTION CARRIED.
Mr. Bandari stated that because of this incident, he terminated the employee the next day. Mr. Bandari stated the employee violated the policy and procedures that had been established, she was an experienced employee who previously worked for 7-11, and she was a temporary employee for Liberty Gas & Convenience.
There was a question and answer period between the Liquor Licensing Authority and Mr. Banderi.
Mr. Muniz made a motion that the following penalty be imposed upon ALBH, Inc., d/b/a Liberty Gas & Convenience, a suspension of ten days be imposed and that five of the days be held in abeyance for a period of one year, commencing on January 13, 2006, and if there are no violations of the Colorado and Lakewood codes during the next year, the period held in abeyance will be dismissed. In the event a violation does occur within one year from January 13, 2006, regardless of when the hearing on such violation should be held, the time held in abeyance be imposed after such hearing in addition to any other penalty. The balance of the suspension will begin at 5:00 a.m., January 13, 2006 and end on January 18, 2006 at 5:00 a.m. The motion was seconded. Vote 7 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Banderi stated he wanted to pay a fine in lieu of a suspension.
Mr. Wolfe made a motion that ALBH, Inc., d/b/a Liberty Gas & Convenience be permitted to pay a fine in lieu of five days actual suspension imposed. The motion was seconded. Vote: 7 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 6 - SHOW CAUSE HEARING
3.2% Off Premises License
7-Eleven, Inc.
d/b/a 7-11
8390 W. 14th Ave.
Mr. Kennebeck stated 7-Eleven is represented by council. He stated that our records indicate there was a prior violation in May of 2003 and stated this would be treated as a second offense. The violation is "Sale to a Minor."
Attorney Christy Anderson, registration no. 34312, stated she was representing 7-Eleven. Ms. Anderson stated they have admitted to the facts and she appeared to present evidence of mitigation for the Liquor Licensing Authority to consider in determining a penalty.
Mr. Wisneski made a motion to approve the stipulation between the Deputy City
Attorney and 7-Eleven, Inc., d/b/a 7-11. The motion was seconded.
Vote: 7 Aye 0 Nays. THE MOTION CARRIED.
Ms. Anderson stated this particular store has held it's license since 1974 and this is its second violation over a period of 32 years.
Chet Kangetag, 5255 Memphis St., Unit 1005, Denver, CO 80239, was sworn in and stated he is a field consultant for 7-Eleven. Mr. Kangetag explained what his duties are, including training the employees. Ms. Anderson handed the members of the Authority copies of 7-Eleven's training program and Mr. Kangetag explained the procedures of the training program.
There was a question and answer period between the Liquor Licensing Authority and Mr. Kangetag.
Shaun Austin, 6885 W. 91st Ct., Westminster, CO 80021, was sworn in and stated he is the manager of this store. Mr. Austin stated he has been a manager for 7-Eleven since 2004 and prior to that he was a manager with Conoco from 1993 to 2004. Mr. Austin stated this is the first violation at a store he has managed. Mr. Austin explained what happened the night the violation occurred. Mr. Austin explained what procedures he does to prevent violations.
There was a question and answer period between the Liquor Licensing Authority and Mr. Austin.
Ms. Anderson stated this is only the second violation in a 32-year period and asked if the Authority could impose a lesser penalty.
Mr. Wolfe made a motion that the following penalty be imposed upon 7-Eleven, Inc., d/b/a 7-11, 8390 W. 14th Ave., a suspension of fourteen days be imposed and that seven days of the suspension be held in abeyance for a period of one year, commencing January 13, 2006. In the event there are no violations of the Colorado and Lakewood Liquor Codes during the next year, the period held in abeyance would be dismissed. In the event a violation does occur within one year from January 13, 2006, regardless of when the hearing is held, the time held in abeyance will be imposed after such hearing in addition to any other penalty. The balance of this suspension will begin at 5:00 a.m. on January 13, 2006 and end at 5:00 a.m. January 20, 2006. The motion was seconded. Vote: 7 Ayes and 0 Nays. THE MOTION CARRIED.
Before the next item was called, Ms. Hansson stated there was someone who had signed the Public Hearing Roster for Greenfields Pool and Sports Bar and wished to speak.
Darren Kailey, 3354 S. Flower St., #10, Lakewood, CO 80227, was sworn in and stated he was the doorman who was on duty the night of the violation and was fired. He stated he has been in security for six and a half years. Mr. Kailey stated that what the owner, Mr. Grosvenor, stated was not the truth. Mr. Kailey stated that he had a lot more responsibilities than just sitting at the door. He stated he had to help the bartender stock the bar, wash dishes and get ice. The doorman stops what he is doing and goes into the back of the establishment to get what the bartender needs. The night of the violation, Mr. Kailey explained that he had to go behind the bar and stock up on ice and beer for the bartender. Mr. Kailey stated he told the manager on duty, whose name is Gary, to watch the door. Mr. Kailey stated he then went back to his position at the front door and two gentlemen walked through the door, stated they had already been in the bar and pulled out their badges. The two policemen asked to speak to the waitress. Mr. Kailey stated he told the owner, Mr. Grosvenor, there was a situation up front. Mr. Grosvenor talked to the policemen and then told Mr. Kailey he was fired. Mr. Kailey stated he had no idea what was going on but was fired on the spot. Mr. Kailey stated the minor had come into the bar when he was not at the door. Mr. Kailey stated that he would card anyone who came in the door, no matter what age they were or if they were regular customers; it didn't matter, because it was his job. Mr. Kailey stated he was very upset because his reason for being there was to check I.D.s and he did his job. He stated when he was not at the door, the bartenders and waitresses were supposed to be checking I.D.s and the waitress did not do that on the night of the violation. Mr. Kailey stated that Mr. Grosvenor was not telling the truth when he was under oath.
There was a question and answer period between the Liquor Licensing Authority and Mr. Kailey.
ITEM 7 - GENERAL BUSINESS
There was no general business to be discussed.
ITEM 8 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson
adjourned the meeting at 7:50 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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